Focus on Chinese trademarks

Chongqing registered trademark process trademark registration process I. Formal review

After formal examination, if the application procedures are complete and the application documents are filled in accordance with the regulations, the Trademark Office will issue a notice of acceptance.

If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection shall be issued and returned, and the application date shall not be retained.

If the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will issue the Notice of Correction of Trademark Registration Application. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If it is not corrected or corrected within the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.

Trademark registration process II. Substantive inspection

Trademark applications enter substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve the trademark application that meets the relevant provisions of the Trademark Law and make an announcement.

If the application is rejected, a notice of rejection shall be issued to the applicant.

If the Trademark Office considers that the contents of the application for trademark registration can be modified, it shall issue an examination opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.

A trademark that has been preliminarily examined and approved shall be announced by the China Trademark Office in the Trademark Announcement.

Within three months from the date of announcement, anyone may raise an objection to the trademark preliminarily approved by the China Trademark Office.

If it is ruled that there is no objection or the objection is untenable, the China Trademark Office will approve the registration, issue a trademark registration certificate, and make an announcement in the Trademark Announcement; If the objection is established, the registration shall not be approved.

Review request

In the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision on approval or disapproval of registration and notify the applicant in writing. If a party refuses to accept the objection ruling of the Trademark Office, he may request a review to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision and notify the parties in writing.

What is the content of Chongqing trademark announcement? After substantive examination, the Trademark Office preliminarily examines and registers trademark applications that meet the relevant provisions of the Trademark Law, and preliminarily examines and registers trademarks, establishes examination retrieval cards, fills in preliminary examination papers, and publishes them in the Trademark Announcement. This announcement is called the announcement of preliminary examination. The applicant for preliminary examination and approval of a trademark may obtain a trademark announcement for free as the applicant's notice. The basic contents of a trademark announcement include the following aspects:

1. Preliminary examination and approval of trademark announcement. Print the preliminary approval number, application date, trademark, goods used, category, applicant and applicant address.

2. Announcement of registered trademarks. Print the registration number, trademark, category, registrant and trademark exclusive period.

3. Renewal of registration announcement. Print the registration number, trademark, category, registrant and trademark exclusive period.

4. Announcement of change of registered trademark. Print the registration number, trademark, original registrant and changed name.

5. Transfer, cancellation, trademark licensing contract and other matters.

What are the requirements for Chongqing brand naming? (A) brand names should have a strong affinity.

Then, as long as the brand name has good communication power, can the brand spread well? It is also an internationally renowned soap brand with strong brand awareness. Shufujia's brand awareness and market share are far from Lux. It is also used to treat menopausal syndrome, but Taitai Jingxin oral liquid has sprung up suddenly, and the latecomers have come to the fore and won more market share. Why is this?

In fact, in addition to the factors of brand name communication, there is also a problem of brand name affinity. The affinity of brand name depends on the style, characteristics and tendency of brand name words. Lux brand has a strong communication power, but its affinity is far less direct than that of Shu. Lux gives the impression that it is stiff and masculine, but we know that, generally speaking, most people who buy soap at home are housewives, so the name Lux is obviously out of tune with the preferences of the target consumers. And Shu Fujia, first of all, gives the impression that it tends to be neutral. Not only is it more suitable for the preferences of target consumers, but it also emphasizes? Shu? And then what? Okay？ The association of the two focuses is that the whole body will feel comfortable after use, so the affinity is stronger. Therefore, when naming a brand, we should not only pay attention to the factors of brand name communication, but also pay attention to the factors of brand name affinity. Only in this way can brand communication achieve the best effect.

(b) Better protection of brand names.

All along, our market has many deliberate market followers. Mantis catches cicada, yellowbird is behind? Is the so-called follower's competitive strategy. They have a keen sense of business, they are always looking for opportunities to get business, and enterprises do not pay attention to protecting their brand names, which just provides them with such opportunities. Therefore, it is necessary for enterprises to consider the protection of brand names when naming brands, and it is best to use registered trade names to name products. Successful brands such as melatonin, Tylenol, Qumei, etc. all name their products with registered trade names, while the anti-inflammatory drug Lijunsha not only names its products with registered trade names, but also carries out approximate registration with registered trade names to prevent similar brands from appearing and fully protect the brands from infringement. Therefore, naming a brand can not only talk about communication and affinity, but also be imitated and infringed.

When using registered trademarks in Chongqing, we should pay attention to the use of trademarks, including the use of trademarks on commodities, commodity packages or containers and commodity transaction documents, or the use of trademarks in production activities such as advertisements and exhibitions. Commercial documents such as sales invoices and contracts are important parts of commodity trading activities, and the use of trademarks in these commercial documents should be regarded as trademarks? Use? . Does oral sex count in business activities? Use? , need to be combined with other use cases for comprehensive judgment.

Registrants should pay attention to the following issues when using registered trademarks:

First of all, the exclusive right to use a registered trademark is limited to the trademark approved for registration, that is, the trademark logo used should be consistent with the trademark logo approved for registration, and can only be enlarged and reduced in proportion, and the text, graphics and color of the trademark cannot be changed by itself.

Because the fonts of Chinese characters and letters are different, and the appearance of various fonts of the same word is sometimes far apart, such as simplified Chinese characters and traditional Chinese characters, the case of English letters and so on. , so it is required to use any registered font. Sometimes, for aesthetic reasons or other reasons, the registrant will change the font of the trademark, for example, changing bold to italic, which is still allowed in practice.

The same is true of graphics in trademarks. Slight changes to the registered trademark are allowed, such as adding boxes, circles or lines. However, if the text or graphics are changed greatly to form different appearance images, it may constitute a change of registered trademark or even impersonation of a registered trademark. More seriously, if the changed appearance image is similar to the registered trademark of others, it may also constitute. At the same time, if the trademark used is different from the registered trademark, it may also bring adverse effects to the protection of the trademark, because the exclusive right to protect the registered trademark is based on the registered trademark, not on the actually used trademark.

Secondly, registered trademarks must be used on goods and services approved for use. The application for trademark registration must be filed according to different categories according to the provisions of the classification table of similar goods and services. After approval, the goods or services approved for use shall prevail. Where a registered trademark needs to be used on other different kinds of goods or services, a separate application for registration must be filed. The goods or services actually used are beyond the approved scope of goods or services, or used across categories, and should not be marked for registration, otherwise it is an act of counterfeiting registered trademarks. Anyone who is identical with or similar to another person's registered trademark in similar goods or services shall also bear the legal liability for trademark infringement.

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